What is a parenting plan in Montana?

In Montana, a parenting plan is the written document that sets out where the children live, how the parents make decisions, and how they resolve disputes. Montana uses the parenting plan instead of traditional custody, and the court determines it in accordance with the best interest of the child (Montana Code Annotated Section 40-4-212(1)). It can be used by parents who are divorcing, by parents who were never married, or by a parent asking to change an existing plan.

What is the difference between a parenting plan and a custody order in Montana?

In Montana the parenting plan is essentially the custody order. Montana does not decide 'custody' in the traditional sense; instead the court determines a parenting plan under Section 40-4-212. The plan does include a designation of one parent as custodian of the child, but that label exists for the purposes of other statutes (Section 40-4-234(2)(a)), while the plan itself governs the residential schedule and decision-making.

Do I have to file a parenting plan in Montana?

Yes. Montana law directs that each parent or both parents jointly submit to the court, in good faith, a proposed final plan for parenting the child (Montana Code Annotated Section 40-4-234(1)). The court then determines the final parenting plan in accordance with the best interest of the child, so preparing a clear, complete proposed plan is an important step in a Montana case.

How do Montana courts decide a parenting plan?

A Montana court determines the parenting plan in accordance with the best interest of the child (Montana Code Annotated Section 40-4-212(1)). The court considers factors such as the wishes of the parents and the child, the child's interaction with parents and siblings, the child's adjustment to home, school, and community, the health of those involved, continuity and stability of care, and whether the child has frequent and continuing contact with both parents.

How is decision-making handled in a Montana parenting plan?

A Montana parenting plan must allocate parental decision-making authority regarding the child's education, spiritual development, and health care and physical growth (Montana Code Annotated Section 40-4-234(2)(h)). The parents can allocate these decisions jointly or to one parent, and they typically keep day-to-day decisions with whichever parent the child is residing with at the time.

How are disputes resolved under a Montana parenting plan?

A Montana parenting plan must include a method by which future disputes concerning the child will be resolved between the parents, other than court action (Montana Code Annotated Section 40-4-234(2)(i)). Parents commonly choose mediation for this step, so that disagreements about the schedule or decisions can be worked out before anyone returns to court.

Which court handles a Montana parenting plan?

In Montana, parenting plans are filed and decided in district court as part of a dissolution or parenting case. The Montana Judicial Branch Self-Help Law Center publishes parenting-plan resources. The court determines the final plan under the best interest of the child standard (Montana Code Annotated Section 40-4-212(1)), and the approved plan governs the family going forward.

Montana Parenting Plan

Q: What must a Montana parenting plan include?

Under Montana Code Annotated Section 40-4-234(2), a final parenting plan must include a designation of a parent as custodian of the child, a residential schedule specifying the periods of time during which the child will reside with each parent, an allocation of decision-making authority over the child's education, spiritual development, and health care and physical growth, and a method for resolving future disputes between the parents other than court action.

Montana decides parenting through a parenting plan rather than custody, determined by the best interest of the child and filed in district court. Attorney review available.

Find out where you stand in Montana

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Introduction

Montana is a parenting-plan state: rather than deciding traditional custody, Montana courts determine a parenting plan in accordance with the best interest of the child (Montana Code Annotated Section 40-4-212(1)). A parenting plan is the written document that sets out where the children live, how the parents make decisions, and how they resolve disputes, and it is used by parents who are divorcing, by parents who were never married, and by parents changing an existing plan. Montana law directs that each parent or both parents jointly submit to the court, in good faith, a proposed final plan for parenting the child (Section 40-4-234(1)). Under Section 40-4-234(2), the final parenting plan must include a designation of a parent as custodian of the child for the purposes of other statutes, a residential schedule specifying the periods of time during which the child will reside with each parent, an allocation of parental decision-making authority regarding the child's education, spiritual development, and health care and physical growth, and a method by which future disputes will be resolved between the parents other than court action. Montana courts weigh factors such as the wishes of the parents and child, the child's adjustment to home, school, and community, and frequent and continuing contact with both parents (Section 40-4-212(1)). DocDraft builds your Montana parenting plan from your family's schedule, with attorney review available before you file it in district court.

Key Things to Know

1
A parenting plan is a written document in which two parents set out where the children live, how the parents make decisions, and how disputes are resolved, whether the parents are divorcing, were never married, or are changing an existing plan.
2
Montana decides parenting through a parenting plan rather than traditional custody; the court determines the parenting plan in accordance with the best interest of the child (Montana Code Annotated Section 40-4-212(1)).
3
In Montana each parent or both parents jointly must submit to the court, in good faith, a proposed final plan for parenting the child (Section 40-4-234(1)).
4
A Montana final parenting plan must include a residential schedule specifying the periods of time during which the child will reside with each parent (Section 40-4-234(2)(c)).
5
A Montana parenting plan must allocate parental decision-making authority regarding the child's education, spiritual development, and health care and physical growth (Section 40-4-234(2)(h)).
6
A Montana parenting plan must include a method by which future disputes will be resolved between the parents other than court action (Section 40-4-234(2)(i)).
7
A Montana parenting plan also designates a parent as custodian of the child for the purposes of other state and federal statutes (Section 40-4-234(2)(a)).

Key decisions before you file

Before you file a Parenting Plan in Montana, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

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MONTANA PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to amend an existing plan. Montana decides parenting through a parenting plan determined in accordance with the best interest of the child (Montana Code Annotated Section 40-4-212(1)), and each parent or both jointly submit a proposed final plan in good faith (Section 40-4-234(1)).

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Custodian designation. For the purposes of other state and federal statutes, [PARENT] is designated as custodian of the children (Section 40-4-234(2)(a)). This designation does not by itself change the residential schedule below.
Residential schedule. This plan specifies the periods of time during which the children will reside with each parent. The children will reside primarily with [PARENT], and reside with the other parent as follows. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Decision-making authority. The parents allocate decision-making authority regarding the children's education, spiritual development, and health care and physical growth as follows: [jointly, after good-faith discussion / to PARENT] (Section 40-4-234(2)(h)). Each parent may make routine day-to-day decisions while the children reside with that parent and may authorize emergency medical treatment when needed.
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer parenting time will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Dispute resolution. Future disputes concerning the children will be resolved between the parents, other than by court action, through [the method the parents choose, for example mediation] before returning to court (Section 40-4-234(2)(i)).

This parenting plan is subject to district court determination in accordance with the best interest of the child (Montana Code Annotated Section 40-4-212). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

Montana Requirements for Parenting Plan

Montana Uses a Parenting Plan
Montana decides parenting through a parenting plan rather than traditional custody. The court determines the parenting plan in accordance with the best interest of the child (Montana Code Annotated Section 40-4-212(1)). The parenting plan is the operative instrument that governs residence and decision-making.
Submit a Proposed Final Plan
In Montana each parent or both parents jointly shall submit to the court, in good faith, a proposed final plan for parenting the child (Montana Code Annotated Section 40-4-234(1)). The court then determines the final parenting plan under the best interest of the child standard.
Best Interest Factors
A Montana court determines the parenting plan in accordance with the best interest of the child, weighing factors such as the wishes of the parents and child, the child's adjustment to home, school, and community, the health of those involved, continuity and stability of care, and frequent and continuing contact with both parents (Montana Code Annotated Section 40-4-212(1)).
Residential Schedule
A Montana final parenting plan must include a residential schedule specifying the periods of time during which the child will reside with each parent (Montana Code Annotated Section 40-4-234(2)(c)). This schedule covers the regular routine, holidays, school breaks, and summer.
Decision-Making Authority
A Montana parenting plan must allocate parental decision-making authority regarding the child's education, spiritual development, and health care and physical growth (Montana Code Annotated Section 40-4-234(2)(h)). The parents can allocate these decisions jointly or to one parent.
Dispute Resolution Method
A Montana parenting plan must include a method by which future disputes concerning the child will be resolved between the parents, other than court action (Montana Code Annotated Section 40-4-234(2)(i)). Parents commonly choose mediation for this step.
Custodian Designation
A Montana final parenting plan must include a designation of a parent as custodian of the child (Montana Code Annotated Section 40-4-234(2)(a)). This designation exists for the purposes of other state and federal statutes and does not by itself set the residential schedule.
District Court Determination
A Montana parenting plan is filed and determined in district court as part of a dissolution or parenting case, under the best interest of the child standard (Montana Code Annotated Section 40-4-212(1)). The Montana Judicial Branch Self-Help Law Center publishes parenting-plan resources.

Find out where you stand in Montana

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

Montana Requirements for Parenting Plan

Montana Uses a Parenting Plan

Submit a Proposed Final Plan

Best Interest Factors

Residential Schedule

Decision-Making Authority

Dispute Resolution Method

Custodian Designation

District Court Determination

Frequently Asked Questions